Inheritance Issues and Family Disputes: Seeking Advice

J

James111

New Member
Jurisdiction
Europe
My father lived in Turkey and passed away about 6 weeks ago. I live in Germany. My parents separated more than 10 years ago but never divorced. To my knowledge, my father did not leave a will, which means the legal succession laws apply. His estate includes several properties and a bank account that likely contains money. This estate is to be divided among my siblings, my mother, and me. I have two sisters and a brother. My second brother passed away a few years ago and left a 2-year-old daughter who lives with her mother. If I am not mistaken, his claim to the inheritance will be transferred to his daughter.

My older sister is demanding a power of attorney from me and the others to make the inheritance declaration on our behalf in Turkey. When I asked her what would happen if I didn't grant her this authority, she said that the inheritance could not be accepted. She then told me that I would need to travel to Turkey and handle it myself, and if I refused to do so, she would sue me. She knows that I am unable to travel to Turkey and that my Turkish language skills are limited. Therefore, giving her the power of attorney seems to be my only option.

She mentioned that the application must be made to a notary. When I asked which notary she intends to visit, she said she doesn't know yet and will only find out once she is in Turkey. She also threatened again to take me to court if I don't provide her with the power of attorney. This response made me question the situation further. I asked her to find a notary before she goes to Turkey and to inform me of which one she will visit.

My siblings and I do not have a good relationship. My brother and I no longer communicate, and he also does not get along with my older sister. Without exaggeration, my sister is one of the worst people I have ever met. My entire family has warned me about her since my childhood and advised me to stay away from her. As an adult, I can now understand why. We had a falling out about a year ago, and I no longer trust her. That's why I wanted to know which notary she plans to visit so I can send the power of attorney directly to him. This power of attorney will include my address, and I do not want her to have access to it.

When I asked her to find a notary and schedule an appointment before traveling to Turkey, she responded: "Things don't work the same way in Turkey as they do here in Germany. They don't have a busy appointment schedule. You go there and handle things on-site. I can't make an appointment because I don't have contact with a notary. I need to be there to find out which notary I will go to. It's somewhere in Istanbul, and I don't know how many notaries there are. I don't know them. I need to be there to find a notary. I can't do this from Germany. I don't have time for that. I'm studying for my exams, and in two months I will finish my last presentation at university. Two days later, I will fly to Turkey and stay there for about 10-14 days. During that time, I will find a notary. We don't make appointments. Things work differently there than in Germany. I need your power of attorney by then. You have about a week to provide it. If you don't give me the power of attorney within this week, I will involve a lawyer to ensure everything is ready by the time I am in Turkey."

She has now threatened to sue me four times. She mentioned that various documents need to be collected from different places to handle this inheritance matter. It seems like a complicated process, and I feel like she is trying to discourage me from traveling to Turkey and managing it myself.

Of course, it is possible to find a notary before traveling to Turkey. She just doesn't seem interested in doing that. She says she doesn't have time, but she finds time to threaten me with legal action. She has conflicts with many people, including relatives, companies, and landlords because she constantly causes trouble for everyone. I do not want to give her the power of attorney, as it will reveal my address to her, and I am uncomfortable with the idea of granting power to someone like that, even if I restrict her authority.

My second concern is that I might inherit a significant amount of wealth that I may not be able to access. I do not speak Turkish very well and may not be able to travel to Turkey. I will have to deal with many issues related to the properties (taxes, deeds, etc.) that I cannot manage, and I am worried that over time, I will be expected to handle tasks that I am unable to perform. I will not receive support from my siblings or brother.
 
Apologies - despite the fact that the forum gives you the option to enter other locales by default, this forum is designed for US law questions only. Best of luck to you.
 
James111 said:
Therefore, giving her the power of attorney seems to be my only option.
Click to expand...

Providing a power of Attorney to someone you mistrust is foolish.

Failure to provide the woman with YOUR power of attorney is entirely up to you.

She can request.

You can politely decline.

If you do so, there's nothing legally she can do to force you to comply.

You are free NOT to accept any of the ALLEGED inheritance.

You also can hire an attorney, otherwise known in Germany as "Rechtsanwalt".

========================================

What is Inheritance Law in Turkey and How Does It Work?

Inheritance law in Turkey is primarily governed by the Turkish Civil Code and involves a set of rules that dictate how the property of the deceased is distributed among heirs. If a person dies without leaving a will, the inheritance is distributed according to statutory shares established by law. The spouse, children, and other relatives of the deceased are the primary legal heirs. If there are no legal heirs, the state claims the estate. Turkish law also includes provisions for a "reserved portion" which restricts a testator's freedom to distribute their estate entirely by will, ensuring certain relatives receive a minimum share.

The process of claiming an inheritance involves several steps. Initially, an application for the distribution of the inheritance is submitted to a court, accompanied by the payment of related fees. A certificate of inheritance is then obtained, which is crucial for executing further legal actions concerning the estate. The court plays a central role in managing the proceedings, including the determination and distribution of the deceased's assets among the heirs. This process emphasizes the importance of legal assistance to navigate the complexities of inheritance laws and ensure the rights of all parties are respected.

Types of Inheritance in Turkey

In Turkey, inheritance law categorizes the property and assets of a deceased person into different types, and distributes them according to specific legal heirs and shares:

Financial Inheritance: This includes bank balances, cash found with the deceased, and other monetary assets.

Property: Covers real estate like homes, cars, land, as well as businesses directly owned by the deceased.

Receivables: These are unpaid debts and taxes owed to the deceased.

Can Foreigners Inherit Property in Turkey?

Yes, foreigners can inherit property in Turkey. Turkish inheritance law applies the principle of "location of immovable property," which means the inheritance of real estate is governed by Turkish laws regardless of the deceased's nationality. For movable properties, however, the law of the deceased's nationality may apply unless the property is specifically covered under a different legal agreement or will.

Relatives can inherit property in Turkey based on an official will made either in Turkey or another country that is part of the 1961 Hague Convention. If the will is made abroad, it must be apostilled, certified at a Turkish notary office, and comply with the format required by the Civil Code of Turkey.

Who Inherits Property in Turkey?

In Turkey, the inheritance of real estate is strictly regulated by the Civil Code, which ensures that the closest relatives of the deceased are entitled to a specific portion of the estate, even in the presence of a will. The testator has the freedom to include anyone in the will, but it is vital to ensure that the document is drafted correctly, adhering to all the legal norms of Turkey.

Both individuals and legal entities can serve as heirs. However, only individuals are granted the rights of a testator. The testator must be legally competent at the time the will is made; otherwise, the will has no legal validity.

If the property remains unclaimed, it transfers to the state's management for a period ranging from 5 to 15 years, after which it becomes state property.




!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


************************************************


Turkish Inheritance Law- Summary

  1. Status of Adulterines (illegitimate child)?

    The adulterines have the same status as the children born in legitimate marriage in certain circumstances.

  2. The Title by Descents of Alive Spouse?

    Title by descents of alive spouse is determined in accordance to other inheritors' status.

  3. Inheritance Tax?

    Any immovable property of the deceased person is subject to inheritance tax in accordance with legal regulations in Turkey.
    The value of inheritance tax in Turkey is relatively low compared to other countries in the European Union, and varies according to the value of the investor's property, i.e. the lower the price of the property is taxed by a lower percentage. The inheritance tax rate varies from 1% to 30% depending on the residence status of the heir and the geographical location of the property. The following table shows the rates of inheritance tax based on the value of the property in Turkish Lira:
    TAX BASE, TLTAX RATE
    Up to 160,000
    1%​
    160,000 – 510,000
    3%​
    510,000 – 1,280,000
    5%​
    1,280,000 – 2,780,000 7%
    Over 2,780,000
    10%​

  4. What inheritance laws apply in Turkey?

    Inheritance of real property in Turkey is subject to Turkish law
    If the estate of the deceased includes immovable property in Turkey, then Turkish Law is applied, whereas movable assets are subject to the deceased´s national law.
    Religion, gender or nationality has no effect on jurisdictions concerning inheritance issues.
    In the absence of a will, statutory heirs and shares are specified by the Civil Code:
    In cases of intestacy, the entire estate is distributed between the heirs as follows:
    • The first statutory heirs are the children of the deceased.
    • In the absence of children, the parents of the deceased are the statutory heirs.
    • If the parents are dead, the grandparents of the deceased and their offspring are the statutory heirs.
    • If the spouse of the deceased is included with children in the sharing of the inheritance, then he/she has a statutory share of one-fourth.
    • A spouse who is sharing the inheritance with the deceased´s father, mother, and their offspring has a statutory share of one half.
    • A spouse who is sharing the inheritance with the deceased´s grandfather, grandmother, and their offspring has a statutory share of three-fourths.
    • If none of the deceased´s next of kin survives, the entire estate goes to the surviving spouse.
    • If the deceased leaves no surviving heirs, the estate becomes the property of the State.

  5. Is There A Reserved Portion in Turkish Law?

    There is a reserved portion in Turkish Law.
    A testator is not at liberty to dispose of an estate in the way that he/she wishes. Turkish law imposes restrictions on his/her freedom for the benefit of relatives. The reserved portion is a proportion of the statutory share to which each statutory heir is entitled by intestate succession. Whether or not the reserved portion is applied to the estates of foreigners and members of different religions is defined above. Reserved portions are defined according to Turkish Civil Code as follows:
    Children – 75% of the statutory share
    Father and Mother – 50% of the statutory share
    Brother and Sister – 25% of the statutory share
    Surviving spouse with no children – 50% of the statutory share

  6. Is It Possible to Make a Will in Turkey?

    It is normal to make a will in the Republic of Turkey.
    Foreigners who wish to bequeath real property in Turkey should make a will in the form specified by the Turkish Civil Code. A foreign will which does not comply with Turkish law may be invalid in Turkey.

  7. How is the step of inheritance procedure?

    Inheritance procedures are of importance, especially when an immovable found in Turkey, is the subject of course. Firstly, you must obtain a certificate of inheritance. Certificate of inheritance is an official document, which demonstrates the inheritors and their distributive shares. This document may be obtained by applying to the Public Notary or by applying to the relevant Civil Court of Peace. In practice, Public Notaries tend to be very restrictive towards foreigners for obtaining the certificate of inheritance. Therefore, it is more convenient to apply to the court.
    Application to the court may be done by the submission of a pleading. As regards to this, receiving legal assistance is advisable. In a case of this type, there is no respondent party and the case usually lasts one month.

  8. How is the partition of heritage carried out?

    After conducting a search, the Court would address the inheritors and their shares according to the articles of succession of the Turkish Civil Code. In this procedure, the Court may ask the claimant to submit documents relating to the marriage or birth records in relation to the status of the claimant or may ask to hear witness testimonies.

  9. What happens when an immovable in Turkey is of concern?

    In disputes involving foreign element, the applicable law and jurisdiction may vary. But when an immovable in Turkey is of concern, as an issue of public policy, the applicable law would be Turkish law and the competent authority would be the relevant one at the location of the immovable.
    By obtaining the Certificate of Inheritance, you may ask for the transfer of the ownership of an immovable at the relevant Land Registry Office along with the other inheritors. At this point, it should be kept in mind that there are some restrictions as to the total area of real estate a foreigner may own and the relevant location of the real estate, consult us for details. Therefore, it is advisable to obtain legal assistance in complicated cases.

  10. Debts of the estate, debts of legator and disclaimer of inheritance

    All rights and liabilities of the deceased pass to the heirs at the time of death. The heirs are successors not only to the assets of the deceased person, but also to his debts. In some cases, the wealth left as inheritance may not be sufficient to cover the debts of the deceased. An heir who wishes not to be liable for the debts may disclaim his share of the estate within three months of the date he learns of the death of the deceased. In case of disclaimer, the estate passes to the next closest relatives of the deceased, who in turn, may also disclaim the estate.
    OUR Firm's Turkish Inheritance Law Services in Turkey
    • We are a team of professional Turkish lawyers who are practising in Istanbul and every corner of the Turkey, producing creative solutions. We aim to provide quality service to our clients in the shortest time possible. Our focuses on providing smart legal strategies that accomplish individual goals. We look at each case from a variety of angles and create special plans that account for the many paths a matter may take. We offer holistic solutions to your specific matter. Our Law Office has clients almost from all countries of the world.
    • Regarding inheritance law, we provide consultancy services:
    • Determination of the remaining heritage,
    • Conducting negotiations on sharing of heritage with other heirs.
    • In the case of inheritance cases, the most common type of case is the lawsuits that must be opened because of the inheritance does not distribute fairly and evenly among the heirs. We are conducting court proceedings regarding equal and fair distribution of inheritance.
    • The inheritance lawyer for the case of inheritance also provides legal advice and litigation for the following transactions;
    • Making a will,
    • Cancellation of will,
    • Regulation of agreement to refuse the heritage,
    • Regulation of contract to look until death.
    • Achieving certificate of inheritance
    • Specific bequest and appointment of heir
    • Appointment of substitute heir and Appointment of posterior heir
    • Contract of renunciation of the inheritance
    • Disinheritance
    • Testament
    • Action for annulment of testamentary disposition
    • Action for reduction
    • Succession of heritage
    • Disclaimer of inheritance
    • Community of heirs and the termination of the community
    • Action for recovery of property
    • Contracts over hereditary share
    • Equalization in heritage

TURKISH INHERITANCE LAW-GENERAL PRINCIPLES | Tercan Law Firm

Any immovable property of the deceased person is subject to inheritance tax in accordance with legal regulations in Turkey....
www.tercanhukuk.com www.tercanhukuk.com
 
Perhaps there is some cause of action that the sister would have if the OP refuses to cooperate. We don't know German or Turkish law well enough to say for certain.
 
Zigner said:
Perhaps there is some cause of action that the sister would have if the OP refuses to cooperate. We don't know German or Turkish law well enough to say for certain.
Click to expand...

Hmmmmm...............

Easy. Peasy.




Disclaiming an Inheritance in Turkey


HOW TO DISCLAIM AN INHERITANCE IN TURKEY

Disclaiming an Inheritance; The decedent is the real person who leaves an inheritance after his death. As a rule, the legal representatives of the testator and their appointed heirs, if any, are responsible for the debts of the testator. The responsibility of the heirs arises with the final acquisition of the inheritance. For this, the acceptance or rejection of the inheritance must pass.
With the death of a person, important consequences arise, especially in terms of inheritance law. In case of death, the rights and debts of the deceased automatically pass to his heirs. This is called estate. As a rule, the inheritance passes to the heirs at the time of death. This is the legal requirement of the principle of universal succession. The inheritance passes to the heirs at the time of death and the heirs are not required to accept the inheritance. Inheritance includes both rights and obligations. Although the inheritance is seen by the people as leaving some goods and properties by the deceased, the debts of the deceased pass to his heirs as his legacy. The legislator wanted to limit this provision in order to prevent heirs from being victims in such cases. Accordingly, the institution of "disclaiming an inheritance" has been regulated and has given the right of the heirs to be responsible for the debts of the inheritor only with the inherited estate.
Inheritance can be denied in two different ways.
The heir's overt refusal of the inheritance (true denial of inheritance)
Considering the inheritance to be rejected as per the law (deficit rejection of the inheritance)
TRUE REJECTION OF HERITAGE
The legislator has stipulated that the inheritance can be disclaimed by the legal and appointed heirs within 3 months. The 3-month period starts with learning of the death of the inheritor or when the appointed heirs are notified of the situation. This period is disqualifying and failure to comply with the period will make it impossible to reject the inheritance.
Inheritance can be denied by applying to the civil court of peace.
HOW TO MAKE A DISCLAIMING AN INHERITANCE IN TURKEY
The heirs can apply to the magistrates' court with an oral or written statement. The magistrate records the refusal statement in a minute. An unconditional and unconditional rejection statement is written in the special register by the magistrates' court of the place where the inheritance is opened, and a document is given to the heirs that the inheritance is rejected.
In case of death, the inheritance of the legator passes directly to the legal and appointed heirs. As a rule, the remaining and debts of the inheritor pass to the heirs by law. It suffers from being made responsible for the inheritance of those who do not encounter the production that occurs in the inheritance of rights. It is his own responsibility with his own personal assets to pay these debts. Legislator benefited from this massive library collection. In this context, the "rejection of inheritance", which is not based on the belief about the heirs, is placed on legal ground. According to the articles of the Turkish Civil Code, "Legals and assignees 605. If the death is certain or registered, such as the insolvency of the inheritor, the inheritance is deemed to have been rejected."

WHEN IS A DISCLAIMING AN INHERITANCE MADE?

As a rule, the disclaiming an inheritance can be made after the death of the legator. When the inheritor is alive, the refusal is not inherited. However, a person who does not want to gain the title of heir must make a contract of waiver of the inheritance in the health of the inheritor.
IN WHICH REASONS CAN INHARITANCE BE REJECTED?
In practice, although it is observed that the inheritance is rejected in order to get rid of the debts of the inheritor, there is no legal obstacle to making a rejected inheritance for other reasons. Inheritance may also be rejected for moral reasons, increasing the shares of other heirs or for special reasons.
HOW TO USE THE RIGHT OF DISCLAIMING AN INHERITANCE?
There are a number of points to be considered when inheriting a refusal.
The heir must have legal capacity.
Persons with the power of discernment, who have completed the age of 18, and who are not restricted, can inherit the refusal alone. Persons who do not have the power to distinguish, on the other hand, are considered incompetent and do not have the right to inherit the rejection on their own. However, instead of them, the legal representatives of the fully incapacitated person may refuse the inheritance to represent him. If the heir is under the age of 18 or is limited, although he has limited incapacity, that is, he has the power to distinguish, the legal consequences of the refusal to be made are subject to the approval of the legal representatives of the heir.
The declaration of refusal of inheritance must be made verbally or in writing to the magistrate's court.
The court of peace of the place where the inheritance is opened is the competent court. As a rule, the rejection statement is not dependent on any form. Rejection can be made either verbally or in writing.
The rejection statement must be made unconditionally and unconditionally.
The statement of refusal must be made expressly without any hesitation. A statement of refusal cannot be made based on either a delaying or disruptive condition. In such cases, the invalidity will be sanctioned. For example, statements such as "I reject the inheritance on the condition that my other sister rejects it" constitute an obstacle to the inheritance.

LIMITATION TIME FOR THE USE OF THE RIGHT OF REFUSE

The usual period for the disclaim of inheritance is 3 months. This period is derogatory.
EXTENDING THE REJECTION PERIOD
In some cases, the statutory refusal period may be insufficient. For example, in cases where it is not possible for the heir to inherit the refusal within the legal period due to reasons such as illness or being in a foreign country, the extension of the refusal period or the granting of a new refusal period will come to the fore. This is at the discretion of the judge. The judge may not use this right spontaneously and give an heir an additional time. The heir must have a request in this regard. If the judge evaluates the important reasons put forward by the heir and finds it in accordance with equity, he will either appoint a new period or extend the remaining period. This period is not limited to 3 months. If necessary, the extended period may be extended again.
WITHDRAWAL OR CANCELLATION OF DISCLAIMER OF HERITAGE STATEMENT
Withdrawal and cancellation of rejection declaration are different from each other. Withdrawal is the subsequent waiver of a refusal. Annulment of the rejection statement is the situation where the rejection statement becomes invalid due to various reasons.
WITHDRAWAL OF DISCLAIMER
As a rule, the denial of inheritance is irrevocable. However, in some cases, withdrawal is allowed. In this context, all relevant parties, including the creditors of the estate, must approve the take-back. Another possibility that allows this is if the declaration of refusal reaches the court of peace before the declaration of refusal. If the declaration of refusal of the inheritance declaration is received at the same time as the declaration of refusal or after the declaration of refusal and it is learned that the refusal is withdrawn before the declaration of refusal is learned, the declaration of refusal will be withdrawn.
CANCELLATION OF DISCLAIME DECLARATION
The rejection statement can be canceled like any other statement of will due to error, cheating, intimidation and mistake. The important thing is to prove that if the heir knew the truth, he would not reject the inheritance. For example, if the heir has been deceived in this regard and has made an inheritance in order not to be in debt, even though there is no debt in the estate, he can benefit from this institution.
HOW TO CANCEL THE DISCLAIM OF INHERITANCE STATEMENT?
You can request the cancellation of the rejection statement from the magistrate's court. When your rejection request is accepted, it will be canceled retroactively from the moment the rejection statement is made.
JURISDICTIONAL DISCLAIMER AND CONDITIONS
In some cases, the inheritance is deemed to have been forfeited despite the absence of an inheritance declaration. This situation arises in some cases. These situations are;
The insolvency of the inheritor must be clearly evident.
This should have been officially established. If there is a certificate of insolvency due to the proceedings against the inheritor, if there is a bankruptcy decision, this issue comes to the agenda.
The heirs must exercise their right to forfeit the inheritance.
If the conditions are fulfilled, there is no need to apply to the magistrate's court, as the inheritance will be deemed to have been rejected by default. The heirs can apply to a lawsuit to determine this situation.

LEGAL CONSEQUENCES OF DISCLAIMING AN INHERITANCE

Persons who use the right of refusal to inherit lose the title of "heir". The inheritance share of the person who inherits the refusal passes to other heirs. If the inheritor has only one heir, and if the refusal is inherited by this person, or if all the inheritances have inherited the refusal, then the inheritance is liquidated by the bankruptcy provisions as there will be no other heirs left. We will evaluate various possibilities in terms of the legal consequences of the refusal of inheritance.
Rejection of all of the nearest heirs;
In this case, liquidation takes place by the magistrate court in accordance with the bankruptcy provisions. At the end of the liquidation, the residual values are given to the heirs despite the rejection of the inheritance. It is a situation that is frequently encountered in cases where the inheritance of the heir is deep in debt. Persons who inherit the refusal, however, have the right to reject the residual values given to them.
Inheriting the rejection of the entire descendant;
In this possibility, the shares of the people who inherit the refusal pass to the right spouse of the inheritor. If the spouse is not alive, this provision does not apply. Likewise, the right of the right spouse to reject this inheritance is reserved.
Rejection of inheritance for the benefit of lower-degree heirs coming later;
In this case, the closest legal heirs of the inheritor must inherit the rejection. However, at least one of these people who inherit the refusal must make this refusal inheritance declaration for the benefit of the heirs who come later. The declaration of refusal of inheritance should be made for the benefit of all, not just certain individuals. In this case, the magistrate's court will notify these people who come later and will ask them to decide whether to accept the inheritance or not within 1 month. If there is no response, the inheritance will be deemed to have been refused.
The refusal of the appointed heirs to inherit;
In this case, the share of the appointed heir will pass to the nearest legal heirs. In some cases, the inheritor can make a death-related disposition on who will pass on this inheritance if the heirs he has appointed reject the inheritance. With the interpretation made, if it is concluded that the legator does not want his inheritance to pass to his immediate heirs, it can be ensured that the rejected inheritance share is transferred to the state.

FREQUENTLY ASKED QUESTIONS ABOUT THE DISCLAIMING AN INHERITANCE

1- Who can make the inheritance of the heirs who died without rejecting the inheritance?
– The right of refusal of the heirs who died without rejecting the inheritance passed to their heirs as a rule. The inheritance is rejected within 3 months from the date they learn that the inheritance has passed to the inheritor.
2- Can refuse of inheritance made through delegate?
– The right of refusal is not a strictly personal right. The refusal by the authorized representative can be inherited. There are discussions in the doctrine that this authority is a special authority. Therefore, your representative must have a special authorization granted by you.
3- Is it obligatory to give reasons in the rejection statement?
– No, you do not have to provide any justification for your refusal. The important thing is to understand that the inheritance is clearly denied from the content of the declaration.

Disclaiming an Inheritance in Turkey – Attorney Ozan Soylu

As a rule, the disclaiming an inheritance can be made after the death of the legator. When the inheritor is alive, the refusal is not inherited.
ozansoylu.av.tr ozansoylu.av.tr
 

Share this page

Get a free case review from a lawyer
Back
Top